A recommendation from the Ministry of Health’s latest review of the End of Life Choice Act is calling for the gag clause, i.e. the protective measure that restricts doctors from raising assisted dying with patients to be changed. This is one of 23 recommendations made by MOH to strengthen the current law. The ministry recommended that the law be amended so health practitioners could raise assisted dying — but only as part of discussions about a person’s treatment and end-of-life care options. Euthanasia advocates in favour of this law change argue that doctors managing a patient’s palliative care should be able to discuss assisted dying with patients as it aligns with giving patients information and is different to a doctor making recommendations. International evidence would say otherwise regarding coercion and decision at such a vulnerable time in a patient’s life.
On the contrary, groups and individuals such as the Disability Rights Commissioner and the Australia and NZ Society of Palliative Medicine want this law to remain unchanged as it addresses the power imbalance between a doctor and patient and reduces any perception of coercion.
The ministry’s statutory review, presented to Parliament last week, made 23 recommendations, citing the law was generally working well and that there had been no wrongful deaths among the 978 people who had gone ahead with the procedure. Ironically, the Herald reported last month that two former members of the committee felt the oversight process was so inadequate they would not have known if someone had died wrongly.
The MOH report also recommended more powers for the End of Life Review Committee, which is tasked with ensuring each assisted death complied with the law. It said the committee should be able to access a broader range of information and be able to raise any concerning cases with relevant authorities.
Act MP Todd Stephenson has drafted a member’s bill which focuses on one aspect of the law — a requirement that a patient have six months to live to get access to assisted dying. Stephenson said he would consider re-drafting his bill to include some of the ministry’s recommendations, including the removal of the “gag clause” – i.e. a protective measure that safeguards both doctors and patients.
Original article
